An influential Arizona Republican lawmaker is combating arguments from an anti-school choice organization.
This week, Senate President Warren Petersen responded to a post from Save Our Schools AZ, which highlighted a local media report about school closures in town. Save Our Schools AZ wrote, “Last night, the Roosevelt school board voted to shutter 5 neighborhood public schools due to major budget deficits caused by chronic lack of funding from the state legislature and universal ESA vouchers.”
Petersen retorted, “First of all it is mostly a declining student population not ESAs or the funding which has doubled over the last 12 years (now 15k/student). Second if someone who receives half your funding is putting you out of business you might want to make some changes.”
The east valley lawmaker then reposted one of his earlier communications about ESA funding to help bolster his point. He stated, “District vs. Charter vs. ESA Funding from all sources. District = $14,857 per student. Charter = $12,510 per student. ESA = $7,700 per student.”
Continuing with this education theme, Petersen stated, “The Republican-led Legislature has always supported K-12 public education. We have dramatically increased funding over the last decade and are now at $14,857 total funding per student. We support empowering parents to make the best educational choices for their kids, whether sending them to public, charter, or private schools.”
Petersen added, “The statement being pushed that ESAs are taking money from district schools is false. The reason some districts are closing a handful of public schools represents a decline in the number of students attending these schools and a decline in enrollment. Public schools thrive based on how they’re administering programs and curriculum. Failure in this area results in families seeking schools that are excelling in these areas to meet their families’ needs.”
Save Our Schools also shared a report of more potential school closures – this time in the Cave Creek Unified School District. The account wrote, “The Cave Creek district is considering shuttering schools. ‘Cave Creek officials are blaming the expansion of AZ’s voucher program, which allows all school-aged kids across AZ to use public money for private school tuition or homeschool expenses, for part of their hardships.’”
The escalating debate between the Republican leader and the anti-school choice organization comes just weeks before the start of the new legislative session, where the issue will surely be discussed increasingly between the opposing sides. In the two years of Arizona’s divided government, Republicans have held the line when it comes to safeguarding school choice, while Democrats, led by Governor Katie Hobbs, have unsuccessfully tried to whittle away at the state’s historic opportunities for families. Petersen has managed to force Hobbs to back off of her repeated promises to reduce Arizona school choice freedoms on a number of occasions, including in both of the past budgets negotiated between the Governor’s Office and Republican legislative leadership. He will continue to engage in this role over the next two years as he returns as his chamber’s leader.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The Maricopa Superior Court dismissed a challenge to a school district’s dual language program, citing lack of standing.
The plaintiff, Patricia Pellett, is a Scottsdale Unified School District parent, and not part of the district she challenged, Creighton Elementary School District (CESD). Arizona Department of Education (ADE) Superintendent Tom Horne’s wife, Carmen Chenal Horne, represented Pellett in the case.
Back in August, Horne said that it was irrelevant that Pellett didn’t have a child in CESD schools.
“Under a provision in the initiative that said that a student of any parent in the state could bring an action against any school district in the state that violates this initiative,” said Horne.
The challenge to CESD arose from Horne’s crusade against dual language programs. Horne’s aim is to have all schools teach only through immersion programs. Dual language models teach students subjects in languages other than English for part of their education, whereas immersion has students taught their subject matter entirely in English.
State law enacted through a voter initiative (Proposition 203 passed in 2000) requires that public schools teach the English language through English-spoken courses and English language classrooms, unless parents are eligible to provide prior written informed consent for bilingual education techniques or those educational methodologies permitted by law.
“[A]ll children in Arizona public schools shall be taught English by being taught in English and all children shall be placed in English language classrooms,” states the law.
Eligible circumstances include parents with children who already know English, older children, and children with special needs.
The Arizona State Board of Education has determined that parental waivers for immersion aren’t required, a finding affirmed by Attorney General Kris Mayes last year. Mayes published that opinion in response to a request on legal clarity from state representatives as to whether the language models used by seven school districts — Glendale Elementary, Kyrene Elementary, Phoenix Elementary, Mesa Public Schools, Laveen Elementary, Creighton Elementary, and Mexicayotl Academy — warranted corrective action by ADE.
Horne dismissed Mayes’ opinion as “ideologically driven” and not based in law.
Horne turned to Pellett to challenge schools’ dual language programs after Maricopa County Superior Court ordered Horne to pay over $120,000 in legal fees earlier this year.
The judge, Katherine Cooper, ruled that state law didn’t authorize Horne to ask the courts to rule on school district compliance with Proposition 203. Cooper ruled that only the State Board of Education possessed authority over dual language programs, citing the board’s responsibility for developing and approving immersion models. Cooper further declared that Horne had no justiciable claim, either, and ruled that parents and guardians had the power to file lawsuits to enforce the proposition.
“The school districts, like all public and charter schools, are required to follow a model as approved by the State Board,” ruled Cooper.
Horne’s response was to accuse the ruling as avoidant of the merits of the case. He reiterated that the voter-approved initiative (Proposition 203) required children to be taught in English.
With Horne’s continued challenges to the existence of dual language programs and advocacy for immersion programs, the Arizona School Boards Association says it will advocate for greater reliance on 50-50 models.
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Arizona’s charter schools are about to receive a fresh infusion of taxpayer dollars in a federal grant from the United States Department of Education. The grant is expected to fund the establishment of two dozen new charter schools and bolster another 23 already in operation.
As reported by The Center Square, the state of Arizona has received approximately 24% of the $143 million awarded across the nation by the Expanding Opportunities Through Quality Charter Schools Program, a total of about $34.8 million. The outlet noted that although the funding originates from fiscal 2024 it will be distributed in annual disbursements through 2029.
In a press release from the Arizona Department of Education (ADE), Superintendent of Public Instruction Tom Horne said, “I am extremely pleased that we have received this federal grant that will create 24 new high-quality charter schools and help another 23 existing schools with models and practices that result in academic growth. I want to commend the department staff who competed for this funding. Their work has resulted in the state receiving the largest recipient of this grant, per capita, in the country.”
Horne added, “Arizona is the leader in the country on school choice and charters are a major component of that. These dollars will serve a vital purpose in making sure that an estimated 10,000 students in traditionally underserved areas will have a chance to select a high-quality charter school. Every student in every part of our state, urban or rural, rich or poor, deserves this opportunity and I am very pleased to be a part of this effort.”
Speaking with AZ Capitol Times, Horne explained Arizona’s long-term history of fostering charter schools saying, “The charter schools in Arizona go back to the 1990s.” Then, he noted that as a state legislator, he championed charter schools and their purpose. “Even a good district school may not necessarily meet the needs of all the students,” Horne told the outlet. “And so the parents should have the ability to find a school that does meet those needs.”
In the release, ADE stated that it has already begun work on the upcoming project “which aims to increase the number of high-quality charter schools focusing on educationally disadvantaged students.” It added that such students are identified by their economic disadvantage, disability status, as non-English speakers, and as “other demographic groups.”
The statement outlined the grant’s purpose stating:
“The grant also seeks to close achievement gaps in academic scores, provide technical assistance to educators to improve teaching and learning and encourage dual or concurrent enrollment in college level courses. The expectation is that students will experience at least one year of academic growth on state tests for math, reading and language arts with a long-term measurement of cumulative three-year growth.”
At present, approximately 560 charter schools are in operation throughout Arizona serving about 231,000 students. The Center Square report cited the Arizona Charter Schools Association. Under Arizona law, all charter schools are open enrollment and as a result enjoy wide adoption. The outlet reported that the California Department of Education, Colorado League of Charter Schools, New York State Education Department, Utah Association of Public Charter Schools, and Rhode Island Department of Education also received 2024 grant funding as well.
None of Arizona’s schools have fully implemented and tested their emergency plans, nor did they fully meet the state’s minimum standards.
The Arizona Auditor General published a new report on Monday finding that no schools throughout the state met Emergency Operations Plan (EOP) Minimum Standards. Those standards were developed jointly by the Arizona Departments of Education (ADE) and Emergency and Military Affairs (DEMA). The auditor general determined that some of the standards were “too vague, may be impractical, or lack a clear purpose,” therefore hindering adequate adherence.
In its report, the auditor general found that most schools had fewer than half of EOP Minimum Standards, and some charter schools didn’t have any EOPs.
“Most schools we visited had not provided emergency procedures training to all staff, including substitute teachers; had not conducted all required safety drills; and had not posted certain safety reference materials, which could affect their preparedness to respond to emergencies,” read the auditor general’s report summary.
The auditor general determined that all schools needed increased outreach, guidance, and training on emergency planning.
Schools don’t have the entire burden of change on them, however. The auditor general also determined that ADE and DEMA had greater responsibilities ahead of them to ensure improved EOP Minimum Standards compliance: ensuring charters know their responsibilities to develop EOPs, analyzing staffing and resources needed to initiate compliance monitoring processes, communicating the monitoring plan and authority resource needs to the governor and legislature, evaluating what additional guidance is needed for school compliance and providing necessary assistance, and completing a comprehensive standards review with stakeholder involvement and working with stakeholders to clarify emergency response agencies’ roles in EOP development.
While ADE agreed to the changes recommended by the auditor general, DEMA did not.
In its response, DEMA said it didn’t have the opportunity to review the entire unredacted auditor general’s report, nor did it have an opportunity to review any of the EOPs the auditor general reviewed to reach its conclusion. The auditor general issued a response clarifying that the confidential draft report provided to DEMA only redacted those references concerning other entities unrelated to DEMA and its responsibilities, and that three other entities were given similarly-redacted reports.
DEMA further asserted that state law didn’t authorize its agency to develop EOPs for every district or charter; rather, DEMA said that the State Board of Education and ADE bore statutory responsibility for supervising and regulating public school conduct.
“Industry practice is to develop generalized planning standards which set a minimum threshold that allow each school district the flexibility to tailor their EOP to their unique circumstances or particular needs,” said DEMA. “As the primary agency responsible for enforcing standards with school districts, DEMA contends that it is ADE’s responsibility to inform districts of statutory requirements to adopt EOPs meeting the minimum standards. DEMA understands that ADE has full-time school safety and preparedness planners that can support this purpose and has an opportunity to communicate any additional resource needs to further effect this recommendation through their Audit response process.”
The auditor general’s response also addressed these refusals from DEMA, noting that it hadn’t required DEMA to develop school EOPs but rather evaluate whether additional outreach, guidance, and training would help schools better plan for safety emergencies.
The Arizona State Board for Charter Schools also refused some of the auditor general’s recommendations. The charter board said that it agreed with the auditor general and the state on the importance of EOPs, but that it lacks the “resources or subject matter expertise” for monitoring and enforcing compliance with minimum EOP standards.
“The Charter Board believes it is appropriate for a state-centralized review process to be established to monitor whether EOPs meet the required minimum standards. This process would ensure that both charter and district schools are held to the same standards of review and oversight,” said the board. “Furthermore, it would assign the responsibility of evaluating whether EOPs substantively meet the Minimum Standards to the appropriate agency—one with the necessary resources and expertise to effectively monitor compliance.”
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Arizona grew the number of Education Savings Plan (or “AZ529”) accounts to nearly 47,600 over the last four years.
Arizona Treasurer Kimberly Yee reported that assets of those accounts increased nearly 50 percent to $2.4 billion within the last four years.
AZ529 accounts allow parents, grandparents, or future students to take a tax-advantaged approach to saving for their educational expenses. Those opening the accounts also don’t need to be related to the beneficiary, and they may accept gifts to these accounts from others.
The opening cost for an AZ529 account starts with investments as low as $15 monthly and no application fee, with plan providers going up to $25 and $150.
AZ529 savings may be used at most accredited public or private universities, colleges, community colleges, technical and vocational schools nationwide, or apprenticeship programs, and even certain foreign institutions.
Qualified educational expenses include tuition and fees; books, supplies, and equipment; public, private, or religious K-12 school tuition for up to $10,000 per year; and up to $10,000 in student loan repayments.
Under these accounts, distributions are exempt from Arizona income tax and federal income tax. AZ529 received Morningstar’s 2023 Silver Rating.
Not only are the distributions tax-exempt, but contributions are tax deductible. Arizona allows AZ529 contributors to receive deductions of up to $4,000 per beneficiary for married tax filers who file a joint return and $2,000 per beneficiary for individual tax filers.
AZ529 plans must be funded by December 31 of this year to be eligible for deductions on 2024 taxes.
Arizona offers two financial institutions for AZ529 plans: Fidelity Investments and Goldman Sachs 529 Plan. The former allows for personal account opening, while the latter allows for personal or financial advisors to open accounts. Both have contribution limits of $590,000.
AZ529 also offers an annual essay writing contest, with hundreds of dollars in rewards offered. This past year, 20 students won over $500 toward their AZ529 accounts out of the over 600 who participated.
This year, the state began allowing certain “leftover” AZ529 funds to be transferred to a Roth IRA free of any tax, penalty, or applicable income limits for the first time. Qualifying AZ529 accounts have been maintained for a minimum of 15 years under the same owner and same designated beneficiary, and the amount transferred must also have been contributed at least five years prior to the transfer and the aggregate lifetime limit for rolling over is $35,000.
Or, account owners have the option to change the name of the beneficiary to another. In the event that the beneficiary receives a scholarship, becomes disabled, or dies, the account owner may withdraw the assets in the account without incurring the 10 percent federal tax penalty normally issued for non-qualified withdrawals.
Congress created 529 plans in 1996, officially known as “qualified tuition programs.” AZ529 plans are the state of Arizona’s version of these programs.
Federal financial aid programs may take up to about six percent of the AZ529 account balance into consideration as a parental asset when determining eligibility for need-based aid.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
The first piece of legislation in the Arizona House of Representatives for the upcoming 57th Regular Session was introduced by a soon-to-be second-term Republican lawmaker.
Last week, state Representative Matthew Gress announced that he had introduced his chamber’s first bill, stating that “this constituent-inspired legislation will help address the regulatory lag that is disrupting access to mental healthcare professionals.”
An Arizona resident responded to the news, saying, “I absolutely love this. I never knew what an issue mental health could be until I saw some of my friends in the Army struggling with it after encountering horrible things. We lose more vets to mental health issues than combat. Access to care is an issue that must be addressed.”
Not everyone on the X platform was on board with the proposal, however. One account asked, “What is the problem to solve here? This bill problematically gives an out of state counselor who has committed an act that would be cause for discipline, or has had their license revoked, or is under investigation for misconduct – a free pass to work in AZ. Health professions are regulated precisely to protect the health, safety and welfare of the public – no one’s guaranteed a license unconditionally.”
Gress fired back at the detractor of his bill, saying, “Right now, if you go to school to become a social worker, counselor, marriage and family therapist, or addiction counselor, you are required to build clinical hours by having patients. In order to do this, the student must undergo a background check. Here’s the problem: Under the status quo, once someone graduates, that individual must stop working and patients are shown the door. Many patients don’t or can’t find an alternative despite developing a trusting relationship with the therapist who just graduated.”
The Republican lawmaker added, “This is an outdated and unexplainable piece of red tape that inhibits people who’ve gotten their degrees and their experience to start working sooner. HB 2001 is a simple reform. If you’ve completed the hours and work, they count. We need good people and more people going into this field, especially with rising suicide rates and the worst mental health crisis we’ve ever seen.”
Legislators will be officially back in action in just over a month as Arizona returns to its status of a divided government for at least another two years.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.